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EFFECTIVE
DATE OF THIS NOTICE: 4 /14 /2003
THIS NOTICE
DESCRIBES HOW INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED
AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT
CAREFULLY.
The privacy
of your health information is important to us. We are required
by federal and state laws to protect the privacy of your health
information. We refer to this information as “protected health
information,” or “PHI”. We must give you notice of our legal
duties and privacy practices concerning PHI, including:
We must
protect PHI that we have created or received about your past,
present, or future health condition, health care we provide to
you, or payment for your health care.
We must
notify you about how we protect PHI about you.
We must
explain how, when and why we use and/or disclose PHI about you.
We may only
use and/or disclose PHI as we have described in this Notice.
We must abide
by the terms of this Notice.
We are
required to abide by the terms of this Notice. We reserve the
right to change the terms of this Notice and to make new notice
provisions effective for all PHI that we maintain. We will post
a revised notice in our offices, make copies available to you
upon request and post the revised notice on our website.
For most
disclosures of your health information we are required by State
of Minnesota Laws to obtain a written consent from you, unless
the disclosure is authorized by Law. This consent may be
obtained at the beginning of your treatment, during the first
delivery of health care service, or at a later point in your
care, when the need arises to disclose your health information
to others outside of our organization.
Uses and
Disclosures of Your Protected Health Information
A.Uses and
Disclosures of Your Protected Health Information for Purposes of
Treatment, Payment and Health Care Operations.
Health Care
Treatment. We may use and disclose PHI about you to provide,
coordinate or manage your health care and related services.
This may include communicating with other health care providers
regarding your treatment and coordinating and managing the
delivery of health services with others. For example, we may
use and disclose PHI about you when you need a prescription, lab
work, an x-ray, or other health care services. In addition, we
may use and disclose PHI about you when referring you to another
health care provider.
Payment. We
may use and disclose your medical information to others to bill
and collect payment for the treatment and services provided to
you. For example: A bill may be sent to you or a third party
payer. The information on or accompanying the bill may include
information that identifies you, as well as your diagnosis,
procedures and supplies used. Before you receive scheduled
services, we may share information about these services with
your health plan(s). Sharing information allows us to ask for
coverage under your plan or policy and for approval of payment
before we provide the services
Health Care
Operations. We may use and disclose PHI in performing business
activities, which we call “health care operations”. For
example: Members of our Internal Review Committee may use
information in your health record to assess the care and
outcomes in your case and others like it. This information will
then be used in an effort to continually improve the quality and
effectiveness of the services we provide.
Our Business
Associates. There are some services provided in our
organization through contacts with business associates. Examples
include vendors which we order supplies from on your behalf or
consultants that we use. When these services are contracted, we
may disclose your health information to our business associate
so that they can perform the job we've asked them to do and bill
for services rendered. So that your health information is
protected, however, we require the business associate to sign a
contract ensuring their commitment to protect your PHI
consistent with this Notice and to appropriately safeguard your
information.
C. Uses and
Disclosures of Your Protected Health Information that Require
Your Authorization.
In addition
to our use of your health information for treatment, payment or
healthcare operations, you may give us written authorization,
different from the Minnesota Patient Consent, to use your health
information or to disclose it to anyone for any purpose. If you
give us an authorization, you may revoke it in writing at any
time. Your revocation will not affect any use or disclosures
permitted by your authorization while it was in effect. Unless
you give us a written authorization, we cannot use or disclose
your health information for any reason except those described in
this Notice.
Research:
We may disclose information to external researchers with your
authorization, which we will attempt to collect in a manner
consistent with applicable state laws.
Marketing: We will not be able to use or disclose your name,
contact information or other PHI for purposes of marketing
without your written authorization. This does not include
informing you about treatment alternatives or other health
related products or services that may be of interest to you.
Fundraising:
We may use and/or disclose PHI about you, including disclosure
to a foundation, to contact you to raise money for our
organization. We would only release contact information and the
dates you received treatment or services at our facility. If
you do not want to be contacted in this way, you must notify in
writing our contact person listed in this Notice.
D. Uses and
Disclosures of Your Protected Health Information that Require
Your Opportunity to Agree or Object.
In the
following instances we will provide you the opportunity to agree
or object to a use or disclosure of your PHI:
Facility
Directory (Consumer Listing): Unless you notify us that you
object, we will use your name, specific HMC program responsible
for providing services and religious affiliation. This
information may be provided to members of clergy and anyone
asking for you by name.
Notification:
We may use or disclose information to notify or assist in
notifying a family member, personal representative, or another
person responsible for your care, your location, and general
condition.
Communication
with Family: Health professionals, using their best judgment,
may disclose to a family member, other relative, close personal
friend or any other person you identify, health information
relevant to that person's involvement in your care or payment
related to your care.
If you would
like to object to our use or disclosure of PHI about you in the
above circumstances, please call our contact person listed on
the cover page of this Notice.
E. Use And
Disclosure Authorized by Law that Do Not Require Your Consent,
Authorization or Opportunity to Agree or Object.
Under certain
circumstances we are authorized to use and disclose your health
information without obtaining a consent or authorization from
you or giving you the opportunity to agree or object. These
include:
When
the use and/or disclosure is authorized or required by law.
When
the use and/or disclosure is necessary for public health
activities.
When
the disclosure relates to victims of abuse, neglect or domestic
violence.
When
the use and/or disclosure is for health oversight activities.
When
the disclosure is for judicial and administrative proceedings.
When
the disclosure is for law enforcement purposes.
When
the use and/or disclosure relates to decedents.
When
the use and/or disclosure relates to products regulated by the
Food and Drug Administration (FDA): We may disclose to the FDA
health information relative to adverse events with respect to
food, supplements, product and product defects or post marketing
surveillance information to enable product recalls, repairs or
replacement.
When
the use and/or disclosure relates to Worker’s Compensation
information: We may disclose health information to the extent
authorized by and to the extent necessary to comply with laws
relating to workers compensation or other similar programs
established by law.
When
the use and/or disclosure is to avert a serious threat to health
or safety.
When
the use and/or disclosure relates to specialized government
functions.
Your
Individual Rights
A. Right to
Request Restrictions on Uses and Disclosures of PHI.
You have the
right to request that we restrict the use and disclosure of PHI
about you. We are not required to agree to your requested
restrictions. However, even if we agree to your request, in
certain situations your restrictions may not be followed. These
situations include emergency treatment, disclosures to the
Secretary of the Department of Health and Human Services, and
uses and disclosures described in subsection 4 of the previous
section of this Notice. You may request a restriction by
submitting your request in writing to us. We will notify you if
we are unable to agree to your request.
B. Right to
Request Communications via Alternative Means or to Alternative
Locations.
Periodically,
we will contact you by phone, email, postcard reminders, or
other means to the location identified in our records with
appointment reminders, results of tests or other health
information about you. You have the right to request that we
communicate with you through alternative means or to alternative
locations. For example, you may request that we contact you at
your work address or phone number or by email. While we are not
required to agree with your request, we will make efforts to
accommodate reasonable requests. You must submit your request
in writing.
C. Right to
See and Copy PHI.
You have the
right to request to see and receive a copy of PHI contained in
clinical, billing and other records used to make decisions about
you. Your request must be in writing. We may charge you
related fees. Instead of providing you with a full copy of the
PHI, we may give you a summary or explanation of the PHI about
you, if you agree in advance to the form and cost of the summary
or explanation. There are certain situations in which we are not
required to comply with your request. Under these circumstances,
we will respond to you in writing, stating why we will not grant
your request and describing any rights you may have to request a
review of our denial.
D. Right to
Request Amendment of PHI.
You have the
right to request that we make amendments to clinical, financial
and other health-related information that we maintain and use to
make decisions about you. Your request must be in writing and
must explain your reason(s) for the amendment and, when
appropriate, provide supporting documentation. We may deny your
request if: 1) the information was not created by us (unless you
prove the creator of the information is no longer available to
amend the record); 2) the information is not part of the records
used to make decisions about you; 3) we believe the information
is correct and complete; or 4) you would not have the right to
see and copy the record as described in paragraph 3 above. We
will tell you in writing the reasons for the denial and describe
your rights to give us a written statement disagreeing with the
denial. If we accept your request to amend the information, we
will make reasonable efforts to inform others of the amendment,
including persons you name who have received PHI about you and
who need the amendment.
E. Right to
Request and Accounting of Disclosures of PHI.
You have the
right to a listing of certain disclosures we have made of your
PHI. You must request this in writing. You may ask for
disclosures made up to six (6) years before the date of your
request (not including disclosures made prior to April 14,
2003). The list will include the date of the disclosure, the
name (and address, if available) of the person or organization
receiving the information, a brief description of the
information disclosed, and the purpose of the disclosure. If,
under permitted circumstances, PHI about you has been disclosed
for certain types of research projects, the list may include
different types of information. If you request a list of
disclosures more than once in 12 months, we can charge you a
reasonable fee.
F. Right to
Receive a Copy of This Notice.
You have the
right to request and receive a paper copy of this Notice at any
time. We will provide a copy of this Notice no later than the
date you first receive service from us (except for emergency
services or when the first contact is not in person, and then we
will provide the Notice to you as soon as possible). We will
make this Notice available in electronic form and post it in our
web site.
Questions or
Complaints
If you want
more information about our privacy practices or have questions
or concerns, please contact our Judi Leibbrand, Privacy
Official. If you are concerned that we may have violated your
privacy rights, or you disagree with a decision we made about
access to your health information or in response to a request
you made to amend or restrict the use or disclosure of your
health information or to have us communicate with you by
alternative means or at alternative locations, you may file a
complain with our Privacy Official. You can also submit a
written complaint to the U.S. Department of Health and Human
Services. We will provide you with the address to file your
complaint with the U.S. Department of Health and Human Services
upon request.
We support
your right to the privacy of your health information. We will
not retaliate in any way if you choose to file a complaint with
us or with the U.S. Department of Health and Human Services.
Privacy Office Contact Information
Name: Judi
Leibbrand
Address: 109
Homestead Drive; Mankato, MN 56001
Telephone:
507-387-8281
Fax: 507-387-8237
E-mail:
jleibbrand@harrymeyeringcenter.org
(Notice
of Privacy Practice – 4/14/2003) |